ITSA Goal Posts Ltd – Terms and Conditions of sale
ITSA Goal Posts Ltd – terms and conditions show detailed information with regard to the supply of football equipment and goalposts to customers in the United Kingdom & abroad.
DEFINITIONS: SELLER – ITSA GOAL POSTS LTD. CUSTOMER – Person , company, school, local authority or club ordering goods by purchase order or via this and our other web sites including www.footiegoals.com www.9v9goals.co.uk www.minisoccergoalposts.co.uk www.gardengoals.co.uk www.soccertackle.com
TERMS AND CONDITIONS OF CONTRACT
1. RISK IN GOODS. All goods are sent by appointed carriers but if the seller is instructed by the buyer to send the goods by passenger train, parcel post, freight or other special transport, the difference in cost between such modes of delivery and the seller’s usual mode of delivery will be charged to the customer’s account. Unless delivery is otherwise arranged any work not collected from our works within seven days of the customer being informed the work is completed will be dispatched by carrier and all costs will be passed onto the customer.
Not withstanding any other provision herein contained, the risk in the goods shall pass to the customer upon delivery and, unless otherwise agreed in writing between the parties, delivery by the seller to the carrier is Ex works, unless otherwise stated.
2. TAXES All Customs clearance, insurance, import & export duties and VAT at the current rate to be paid by customer. E&OE The seller shall be entitled to charge the amount of any Tax or value added tax (V.A.T) or other duties payable whether or not included on the quotation or invoice.
3. COST VARIATION – Quotations are based on the current costs of production and are subject to amendments by the seller on or at any time after acceptance to meet any rise and fall in such costs.
4. PRELIMINARY WORK – Work produced & samples, whether experimentally or otherwise, at customer’s request will be charged for. Samples will be charged for.
5. DELIVERY & PAYMENT – Payment shall become due upon ordering the goods unless agreed in writing with a director of the company. All overseas payments are to be made by Bank Transfer only unless a different payment method is agreed in writing by a Director of the company. Please note goalposts may be packaged in plastic sleeves with cardboard ends for protection or cardboard boxes depending on the size of the product.
6. EXPEDITED DELIVERY– Should expedited delivery be agreed and necessitate overtime or other additional cost, an additional charge will be made.
7. CLAIMS – Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to the seller and the carrier so as to reach them within 3 days of delivery, and claims for non-delivery within 28 days from date of order being placed. All other claims must be made to the seller within 10 days of delivery. The return of goods will not be accepted unless the seller or his representative shall first have had the opportunity of examining the goal in question. We ask that photographs be sent as soon as is possible by email to our technical director at firstname.lastname@example.org . Claims under guarantee must be made within the guarantee period starting from the date of purchase. The guarantee is not valid unless we receive the returned guarantee card within twenty days of purchase and a like and response has been posted on social media as required. For Claims under guarantee please refer to conditions shown on the guarantee card a copy of which can be viewed on line. Wear & tear items such as goal bags and goal post nets have a limited sixty day guarantee. All goods leaving the company premises are factory checked, securely and robustly packed and sealed prior to despatch. Packages therefore are sent undamaged and should contain no defective parts. PLEASE NOTE – No liability will be accepted for any product if they are excepted by the customer from the carrier with the packaging in any way damaged without checking that the items delivered are satisfactory. By signing the carriers delivery note the customer or agent agrees that the goods are received in a sealed, undamaged condition. Any missing parts, defective goods or a damaged outer box advised to us on receipt will be checked, and in the unlikely event that responsibility lies with the company, goods will be replaced without charge. However the company will not be liable for any goods lost or damaged whilst in transit. Such goods lost in transit are to be paid for in full and replacement products will only be sent if the account is up to date or prior to despatch of replacement parts.
8. LIABILITY – The seller shall not be liable for indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out of work, missing parts or delay in delivery.
9. CUSTOMER’S PROPERTY AND PROPERTY SUPPLIED Customer’s property and all property supplied to the seller by or on behalf of the customer will be held at customer’s risk. The seller does not accept any liability whatsoever for any damage how so ever caused to customer’s goods. Every care will be taken to secure the best results where materials or equipment are supplied by customer’s, but responsibility will not be accepted for imperfect work caused by defects on or unsuitability of such materials or equipment.Where the customer supplies materials adequate quantities shall be supplied to cover spoilage.
10. GENERAL LIEN – The seller shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in his hands and shall be entitled on the expiration of 14 days notice to dispose of such goods or property as he thinks fit and to apply the proceeds towards such debts.
11. ILLEGAL MATTERS The seller shall not be required to supply any matter which in his opinion is or maybe of an illegal or libelous nature. The seller shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any illegal or libelous matter supplied for the customer or any infringement of copyright, patent or design.
12 FORCE MAJURE – Every effort will be made to carry out the contract but its due performance is subject to cancelation by the seller or to such variation as he may find necessary as a result of inability to secure labour , materials or supplies or as result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) which is beyond the seller’s control.
13. CONSEQUENTIAL LOSS – No warranty is to be implied as to the merchantable quality of goods ordered or as to their suitability for any purpose whether known to the seller or not, and no responsibility is accepted by the seller for any consequential damage or loss arising directly or indirectly out of goods supplied or by reason of any failure of the goods to comply with the specification.
14. PRODUCT -Whilst every endeavor will be made to supply products in accordance with the quality of samples submitted or quoted for, this cannot be guaranteed.
15. PRICES – It is our intention to hold firm prices for as long as possible. However, we reserve the right to amend them without notice. All sales are subject to price ruling at date of despatch.
16. RETURNS & DISTANCE SELLING REGULATIONS
We want you to be satisfied with your order, so if you are unhappy with your goods you can return any item in its original condition, for any reason within 14 days of receipt of goods for a replacement or a refund. If you have purchased a product with that includes a special offer such as a voucher with free delivery, even though the carriage costs may not be shown on your invoice or on the web site the actual cost of delivery will not be refunded; it is advised to contact the office to check the actual cost of the delivery incurred by the company if for any reason you may have to return the goods. Returns will only be accepted where goods have not been used and are received back in saleable condition. Any repainting or re packaging will be charged to the customer. These conditions do not apply where there is a justifiable complaint relating to the quality of the goods supplied Transit damages, shortages or problems must be notified within 48 hours. Please note that if you are returning an item which is not faulty or damaged, only not suitable, then you are liable for the delivery charge to return the item to us and also the cost of us delivering the item to you initially. We can arrange a collection; call our offices so we can advise you the costs or you can arrange delivery back to us with your own courier. All items must be returned to us before a refund/credit note or replacement is issued so that we can check the goods. Refunds/credits will be issued where ever possible within 14 days of us receiving the goods back from you. This does not affect your statutory rights. Please note Special offers such as free delivery only apply to UK Mainland.
No returned goods will be accepted for credit or refund without prior permission from a company Director.
Company policy is to issue a credit note for the amount less the handling and any repackaging charges. This credit can be used against any future purchase. A twenty percent handling charge of the invoice price or a minimum charge of £50 whichever is the greater to cover re-stocking and administration costs may be levied. Where there is a justifiable complaint against the quality of the goods a full refund will be issued and in such circumstances carriage will also be covered by the company. No refunds or credit will be given for products not installed or used properly. Notification of a request to return must be provided in writing by the customer before the goods are sent back to us. Refunds in all cases will be in the form of credit notes unless otherwise agreed. A minimum handling and restocking charge of twenty percent will be applied to all credit notes covering returned goods. Some goalposts are made to order, such as Aluminum fully welded goalposts and anti vandal steel goals and we do not accept returns on these particular goal posts. All outward carriage cost of sending products to the customer & any other incidental charges will be chargeable to the customer. The cost of returning goods to us is to be met in full by the customer. Returns will only be accepted where goods have not been used and are received back in saleable condition. Any repainting or re packaging will be charged to the customer. These conditions do not apply where there is a justifiable complaint relating to the quality of the goods supplied. Goods are always checked and despatched in good condition. and any damage during transit must be recorded at the point of delivery. Damaged goods should not be accepted or signed for by the customer. We cannot make a claim from the carrier for damage in transit if they are accepted by the customer. If customers are unsure they should check that all the components have been delivered safely before signing any delivery note from the carrier.
17. QUALITY – We reserve the right to use alternative materials when we find that they are more suitable or necessary. For full descriptions of all our current products please see the relevant brochure. We reserve the right to amend the specifications of all our products in the interest of continued development. On occasion we may show photographs of goalposts to indicate the size of the goalpost.
18. GENERAL – Unless otherwise agreed in writing by the seller, these conditions shall override any terms or conditions stipulated, incorporated, or referred to by the buyer in his order or negotiations. No outstanding accounts that are owed or allegedly owed by the seller to the customer shall be set against (ie. contra) outstanding amounts owed by the customer. Any such amounts can only be dealt with as a contra if agreed in writing by a director of the seller. Daily interest will be incurred by the customer at 4% above the base bank rate from the date due for payment. on any amounts owing.
19.RETENTION OF TITLE (trade account customers). Notwithstanding delivery of and the passing of risk in goods to the customer, ownership of the goods shall not pass to the customer until full payment of those goods and for all other goods supplied by the seller to the customer under any contract whatsoever for which payment in full has not been received by the seller, has been received by the seller . Until ownership passes (i). the customer shall hold the goods as the bailee for the seller and shall refrain from encumbering them in any way and shall store them separately from any other goods on the customer’s premises clearly marked as the seller’s property : and (ii). the seller may withhold prejudice to any other rights or remedies available to it , without notice to terminate all or any part of any contract with the customer or suspend or cancel deliveries thereunder and re-possess all or any of the goods. For the purpose of so taking re-possession, the customer gives to the seller irrevocable authority with out notice to enter the customer’s premises for the purpose of collecting and removing the goods. Not withstanding the above the customer may ( subject to paragraph (C) below) sell the goods in the ordinary course of its business to its own customer (‘the end user’) but may not otherwise deal with sell, part with possession of, consume or otherwise dispose of the goods until title to them has passed to the aforesaid. c. If the customer(being an individual) is adjudicated bankrupt or ( if a company) has a receiver or an administrator appointed over all or any of its assets or a petition is presented or a resolution passed to wind it up then and in any such event the customer shall be deemed to have repudiated the contract for the sale of the goods and the seller’s permission to the customer to sell the goods shall thereupon terminate automatically. . Any sales by the customer permitted shall, as between the customer and the end user be effected by the customer as principle and not as agent, but as between the customer and the seller then the customer shall have a fiduciary duly to account to the seller for the proceeds of any such sale up to the total amount outstanding to the seller as aforesaid , and pending such accounting shall hold the same in trust for the seller. So long as any monies are due to the seller hereunder the customer authorizes the seller to contract the end user and to make such inquiries as the seller may deem necessary to ascertain whether the end user has paid the customer for any goods supplied by the seller to the customer.
20. RIGHTS RESERVED The seller reserves the right to include in an unobtrusive manner on all goods supplied by it a note that the seller is the manufacture or supplier of the goods.
21. GUARANTEE & PRODUCT WARRANTY– Claims under guarantee (broken components etc.) must be reported to our customer service department in the first instance by email to email@example.com or by telephone or fax. All contact numbers are shown on the web site www.itsagoal.net . With goalposts only the broken components should be returned for inspection not the whole goal. A Guarantee card is provided with certain products and it has specific terms and conditions relating to the product detailed on the card. To claim under guarantee the terms on the guarantee card must be adhered to.
22. DEBT COLLECTION – A service charge of 10% will be added to accounts that have been passed to a debt collection agency.
23. FUTURE CONTRACTS – These terms and conditions shall apply to all contracts for the sale supply of goods entered into by the seller at any time after these terms and conditions have been received by the customer notwithstanding that any future dealings are undertaken verbally, by email or fax only. Acceptance of these conditions of sale is a condition of supply the company reserve the right to add any specific or supplementary terms, when entering into a specific contract with another party.
24. COPYRIGHT – The copyright and all other intellectual property rights (“the rights”) in any original design or work produced by the seller shall remain the property of the seller. Nothing should be reproduced from the web site without written permission from a director of the company ITSA Goal Posts Ltd (seller) photographs used without permission are chargeable on a daily basis. 3D PRINTING RESTRICTIONS – All components used in the manufacture of our football goal products are the copyright of the company and cannot be cloned or copied on any 3D printer without written permission from a director of the company. Copies of the components used on goal posts may endanger users of the football goal posts when such 3d copies are used in place of the original mouldings provided by the company. All spare parts for the football goals must be sourced from the manufacturer. Any changes or alterations to the design of the football goals by customers and users will invalidate any warranty or guarantee and this includes the use of unauthorized use of 3D clones or copies of the components used in any of our goalposts
25. DESCRIPTION AND AVAILABILITY – All drawings, images, descriptive material, specifications and advertising on our web site are for the sole purpose of giving an approximate description of the goods or services in order to assist your purchasing decision. All goods and services advertised are strictly subject to availability.
26. LAW – These conditions and all other expressed terms of the contract shall be governed and construed in accordance with the Laws of England. Your continued use of this web site indicates your acceptance of the terms and conditions that are displayed on this and associated web sites at the time of use. Your order is checked, processed and completed in Sheffield and therefore any legal action by customers with regard to products and orders on line or otherwise must in the first instance initiate proceedings in Sheffield County Courts. Any action in any other legal jurisdiction or court the customer agrees under these terms of sale to these being redirected accordingly to Sheffield County court .
27. QUOTATIONS & ESTIMATES – Quotations are subject to our current terms and conditions and confirmation on receipt of order. Estimates are not binding but are given as a guide to price only.
28. TRADE CUSTOMERS – account customers of the company only . A surcharge of 3% over bank rate to be applied every thirty days to all amounts owing 30 days after delivery. Customers with accounts that are 60 days overdue will be closed. Cash with first order from new customers. Trade terms of thirty days from invoice date are available, subject to receipt of formal application. Any discounts are strictly subject to receipt of payment within the settlement period stated, otherwise Net. All invoices are subject to VAT at the current rate. All new customers must trade for at least 12 months with a cash with order basis before an account will be considered. Credit accounts will be set up when a trading pattern of over £5000 per annum is maintained. Account holders shall not do any thing which in our opinion is likely to damage the integrity of our products its marketing or reputation. Account holders should at all times carry a suitable range of core products. Minimum order value £350 otherwise an additional administration charge of £25 is applied. . In all case of orders involving more than one delivery, if default is made in payment on due date for any one delivery, the seller at his option shall be entitled to treat the contract as repudiated by the buyer, and to claim damages accordingly. . An order once placed cannot be canceled expect by mutual agreement and then only on terms which would fully indemnify the seller. Any goods lost or irrecoverable in transit will be charged in full to trade customers if the customer has arranged for the carriage.
29. INTERNET AND THE WORLD WIDE WEB – To order goods or services from us you must be at least 18 years of age. When you place an order to purchase goods or services from the World wide web site, www.itsagoal.net – www.soccertackle.com or any of our other associated web sites and we have approved your payment details, we confirm your order has been accepted by the action of debiting the payment. Our acceptance of your order brings into existence a legally binding contract between us (“your Contract”). These terms and conditions together with the prices displayed on our web site, delivery details, contact details and any document expressly referred to in the terms and conditions, set out the whole of our agreement relating to the sale of goods or services by us to you. The terms and conditions do not affect your statutory rights.The materials on our entire World wide web sites are copyrighted by The Company ITSA Goal Posts Ltd and all rights are reserved. The terms and conditions listed below, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web, apply to all Site users. Contracts do not effect the customers ‘Statutory rights’ The Company maintains parts of this Site for your personal entertainment, enjoyment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for non commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit , reuse, re-post, or use the content of the Site for public or commercial purposes, including text, any images, audio and video without prior written permission from The Company. Your access to and use of the Site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and The Company are superseded with respect to the subject matter hereof. Images of people of places displayed on the Site are either the property of, or used with permission by, The Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the Trademarks ) displayed on the Site are registered and unregistered Trademarks of The Company. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Company. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited, You are also advised that The Company will enforce its intellectual property rights to the fullest extent of the law. The Company has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk. Although The Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, The Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of The Company. The Company neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with The Company The Company makes no warranties or representations as to the Sites accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content or prices quoted of the Site. Any prices that are wrong at the time of order then the company reserves the right to inform the customer within ten days of any pricing error on any product or carriage charge and charge accordingly. If the customer does not want to continue with the contract at the revised price and once the monies have been refunded then the initial contract is null and void .The Company may at any time revise these Terms and Conditions by updating this posting, You are bound by any such revisions at the time of logging back onto the Site. Emails and electronic data sent from the seller is private. The content of e-mails from the seller and any attachment(s) are private and confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not an addressee, you are not authorised to read, use, disclose, distribute, copy or use this e-mail.’
30. SHIPPING & DELIVERY -. Availability of Goods – All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be canceled. We offer an extended range of products. Some of these products are subject to suppliers’ stock availability and delivery dates made by the suppliers’ own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again if you do not wish to proceed with the order, we will arrange for it to be canceled. Unless otherwise agreed we may deliver by installments and any delay, default or non-delivery in respect of any installment shall not entitle the Customer to cancel the remainder of the Contract. Failure by the Customer to pay for any installment or delivery when due shall entitle us to withhold further deliveries and the Customer shall be liable for any costs incurred by the Supplier relating to such Goods which the Supplier is then entitled to withhold. Customers should make arrangements to accept and sign for delivery . Goods may at times be left at times without being signed for if arranged with carrier however all risk will pass to customer from the point of delivery by our carrier. To expedite delivery we must have at least two phone contacts (a mobile and a land line preferably) and an accurate postcode in the address details. Our carriers we make one attempt to deliver and if customer is not available to sign for goods they will leave a card to arrange a second delivery within the sale carriage charges however subsequent delivery attempts are chargeable to us and we will pass onto customers so please ensure you contact the carriers within the time stated (usually two days) to make arrangements if you receive a notification of a delivery attempt by our carriers.
31. DAMAGE IN TRANSIT– Should there be any damage to the delivered goods then details must be noted on the delivery documentation and it will be your responsibility to inform us immediately, but not later than seven working days. It is imperative that you do not dispose of any of the packaging, as this will be required to affect your claim against the carrier. We will make a claim against the carrier and arrange for the damaged goods to be collected and replacements to be sent to you. We request photographic evidence be sent to our technical director
32. INCORRECT GOODS It is your responsibility to notify us of any incorrect goods or missing parts of goods supplied within 5 days of delivery. If the items are not what you ordered, you must not open the manufacturers packaging or use the item. Non-Deliveries – We will not accept liability for goods lost in transit unless we are notified within 10 days from the expected delivery date. We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside the reported timescale. Except when external and unforeseen circumstances have prevented notification within the reported timescale.
33.CANCELLATION OF ORDERS – Orders canceled after despatch of the goods will be subject to a minimum-handling fee of 20%to 25% of the invoice price to cover re-stocking and administration costs or a minimum £50 fee whichever the greater. All carriage cost, customs clearance, import & export duties to be paid by customer. Unless otherwise agreed by a director of the company a credit note will be issued for the amount of the order less costs.
34. LIABILITY Except as may be implied by law and except in the case of death or personal injury where the Customer is dealing as a consumer, in the event of any breach of these Terms and Conditions by us the remedies to you shall be limited to damages which shall in no circumstances exceed the price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential damages.
35. PRICES The seller will make every effort to honor the prices shown (E&OE), but reserve the right to alter prices should it be necessary due to product development. While every effort will be made by the seller to effect delivery in accordance with any pre – arranged dates, no guarantee as to dates of delivery by the seller is to be implied and the seller will not accept any liability for any loss or damage occasioned by delay in delivery however caused.
All Goalposts and football equipment is manufactured to the most rigorous standards and comply with safety standards where appropriate. We do supply certain Goalposts that do not conform to the football goalpost crossbar strength tests on the goalpost safety standards and this is done to reduce the overall mass of the goalpost structure on children’s freestanding moveable goalposts. We do this in order to supply safer goalposts. We always indicate such products and never imply that products are to BS 8462 or En 748 when they are not.
It is crucial that the end user should take responsibility for the installation and correct use of all products, following the relevant guidelines and paying particular attention to the maintenance instructions provided. In particular heavier free standing moveable goalposts must be adequately anchored at all times in use , during storage, Installation or movement. Installation should always be carried out under the supervision of a competent person using due diligence and risk assessment. Installation of sockets must be solid and carried out by appropriately qualified personnel with grounds care experience. Children should not be allowed to assemble or move our goalpost products under any circumstances. Do not install socketed goalposts with children present. Any joints on the goalposts including welds should be checked regularly for signs of wear. Any goalposts damaged in any way should not be used and appropriate remedial action should be carried out before it is brought back into use. Paint work on goalposts should be checked regularly especially steel posts and this should be treated promptly as set out on our care & maintenance information. Most of our football goalpost do not have Nuts and bolts however some of the more basic budget goalposts do have them and these should be checked and tightened before each use. IF IN DOUBT ABOUT THE SAFETY OR STABILITY OF AN ITEM OF EQUIPMENT – DO NOT USE IT. Contact our technical director for help and guidance